In Québec, an eviction can only take place after a judgment has been rendered, and it must be carried out by a bailiff. A landlord cannot remove an occupant, change the locks or take their belongings on their own, even when the rent has gone unpaid for months.
This article walks through how the process works, from judgment to eviction day, and what both landlords and occupants should know.
Can a landlord evict a tenant without going to court?
No. Every eviction in Quebec requires a judgment. For residential leases, that judgment typically comes from the Tribunal administratif du logement (TAL). For commercial leases, it comes from the Court of Québec or the Superior Court, depending on the amount involved.
How the eviction process works?
1. A judgment is obtained
The landlord files an application with the TAL or the competent court. If the tribunal grants the application and orders the eviction, the judgment becomes the basis for everything that follows. A judgment only becomes enforceable when the prescribed delay has expired.
2. The file is sent to our firm
The landlord or their lawyer sends a copy of the judgment to our firm, along with any other relevant information. The bailiff reviews the judgment and confirms if and when it can be executed.
3. The occupant is served a notice of execution
Before the eviction takes place, the bailiff serves the occupant with a notice of execution. This notice informs them that the judgment will be enforced and gives a 5 day delay, set by law, to leave the premises.
4. The eviction is carried out
If the occupant is still there after the delay, the bailiff attends the premises on the scheduled date. Depending on the file, a locksmith and movers may be present, and police assistance can be requested where the situation requires it.
The bailiff executes the judgment, returns possession of the premises to the landlord and records the entire encounter in an official report, the procès-verbal.
What landlords should prepare
A well-prepared file moves more efficiently. Before contacting a bailiff, have the following ready:
- A copy of the judgment, including the file number
- The full address, with unit number and any access instructions
- The occupant’s name, as it appears on the judgment
- A contact person who can be reached on the day of execution
- Any known concerns, such as animals, vulnerable occupants or safety issues at the property
What occupants should know
- The bailiff does not decide the case. The decision was made by the tribunal. The bailiff’s role is to execute it neutrally and in accordance with the law.
- The notice period exists for a reason. It gives the occupant time to leave and make arrangements for their belongings before the scheduled eviction date..
Common mistakes to avoid
- Changing the locks on your own. Even with a judgment in hand, the eviction itself must be carried out by a bailiff at this time the locks will be changed.
- Removing or disposing of belongings without following the legal process.
- Waiting too long to send the judgment to a bailiff once it becomes enforceable.
How QCO can help
QCO handles evictions across Greater Montreal Island, Laval, Longueuil and the North and South Shores. We review the judgment, serve the notice of execution, coordinate the day of eviction and document every step in an official report.
Proof. Neutrality. Compliance.
This article provides general information concerning the enforcement of eviction judgments in Quebec and does not constitute legal advice. The steps and requirements applicable to an eviction may vary depending on the judgment, the property and the circumstances of each file.
If you have obtained an eviction judgment and are unsure about the next steps, contact our office. A bailiff can review the judgment, explain the enforcement process and take care of the eviction mandate from start to finish.